Appointment of Third Party Expert Sample Clauses

Appointment of Third Party Expert. 4.4.1 Within thirty (30) Business Days following Surgold’s providing written notice to the Republic of Suriname of its determination that commencement or recommencement of Development of the Merian Gold Project is infeasible, which notice shall include a reasonable explanation of the factors that have led Surgold to such determination, and which the Republic of Suriname disputes, Surgold and the Republic of Suriname shall agree upon the appointment of an independent third party expert who is a qualified member of a recognized professional organization as listed by the Society for Mining, Metallurgy, and Exploration (SME) in the ‘Guide for Reporting Exploration Results, Mineral Resources, and Mineral Reserves’, of 2007 (or later version), and who shall have at least 20 years of experience with Development, Exploitation and Mining throughout the world. In the event that the Parties are unable to agree upon one expert within such thirty
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Appointment of Third Party Expert. 4.4.1 Within thirty (30) Business Days following Surgold’s providing written notice to the Republic of Suriname of its determination that commencement or recommencement of Development of the Merian Gold Project is infeasible, which notice shall include a reasonable explanation of the factors that have led Surgold to such determination, and which the Republic of Suriname disputes, Surgold and the Republic of Suriname shall agree upon the appointment of an independent third party expert who is a qualified member of a recognized professional organization as listed by the Society for Mining, Metallurgy, and Exploration (SME) in the ‘Guide for Reporting Exploration Results, Mineral Resources, and Mineral Reserves’, of 2007 (or later version), and who shall have at least 20 years of experience with Development, Exploitation and Mining throughout the world. In the event that the Parties are unable to agree upon one expert within such thirty (30) Business Days period, then each shall appoint an expert with such qualifications within the following five (5) Business Days. In the event either Party fails to so appoint an expert on or before the day specified in the preceding sentence, the party appointed as the expert by one Party may appoint an expert to represent the Party having failed to appoint an expert within ten (10) Business Days after the expiration of such period. The expert or experts appointed in either manner shall then proceed to request such reasonably applicable information, materials and data as is required from the Parties, which the Parties have to provide, so that the expert(s) is capable to arrive at a univocal determination as to the feasibility or infeasibility of commencing or recommencing Development. The expert(s) shall be directed by the Parties to render a decision within sixty (60) days after his/her/their appointment. In the event of his/her/their inability to reach a determination within sixty (60) days after appointment, then he/she/they shall select a third expert on or prior to the expiration of such sixty (60) day period (the “Arbitration Commencement Date”). If such joint appointment is not made within sixty (60) days after the Arbitration Commencement Date, either party may request that the London Court of International Arbitration (LCIA) or its successor appoint a third expert having at least the credentials set forth above to render a determination as to the feasibility or infeasibility of commencing Development. Mineral Agreem...
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Appointment of Third Party Expert. If Sellers and Purchaser cannot settle the disagreement on any disputed items of the Purchase Price Determination Statement within 30 days after receipt by Sellers of the Revised Statement, Sellers or Purchaser may request that the matter be presented to a neutral auditor from an auditing firm of international standing to be jointly designated by Sellers and Purchaser (the “Third Party Expert”). If Sellers and Purchaser cannot agree on the Third Party Expert within 10 days after such a request is made to present the matter to a neutral auditor, the Third Party Expert shall be appointed by the Institute of Chartered Accountants in England and Wales at the request of either Sellers or Purchaser after consideration of the proposals and comments by Sellers and Purchaser. Sellers and Purchaser shall jointly instruct the Third Party Expert to decide the issues in dispute in accordance with the provisions of this Section 5.
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Related to Appointment of Third Party Expert

  • Independent Expert The Parties and the other signatories may, upon written agreement, resort to an independent expert in order to obtain a well-grounded opinion that may lead to the settlement of the dispute or controversy. In case such agreement is signed, arbitration may only be filed after issuance of the expert’s opinion.

  • Appointment of Sub-Advisor In accordance with and subject to the Management Agreement, the Manager hereby appoints the Sub-Advisor to perform the services described in Section 2 below for investment and reinvestment of the securities and other assets of the Series, subject to the control and direction of the Manager and the Fund's Board of Directors, for the period and on the terms hereinafter set forth. The Sub-Advisor accepts such appointment and agrees to furnish the services hereinafter set forth for the compensation herein provided. The Sub-Advisor shall for all purposes herein be deemed to be an independent contractor and shall, except as expressly provided or authorized, have no authority to act for or represent the Fund or the Manager in any way or otherwise be deemed an agent of the Fund or the Manager.

  • APPOINTMENT OF SUB-ADVISER The Adviser hereby appoints the Sub-Adviser to act as sub-adviser to the Portfolio(s), subject to the supervision and oversight of the Adviser and the Trust Board, and in accordance with the terms and conditions of this Agreement. The Sub-Adviser will be an independent contractor and will have no authority to act for or represent the Adviser or the Trust in any way or otherwise be deemed an agent of the Adviser or the Trust, except as expressly authorized in this Agreement or another writing by the Adviser or the Trust and the Sub-Adviser.

  • Appointment of Arbitrators 1. Except to the extent that the competent authorities of the Contracting States mutually agree on different rules, paragraphs 2 through 4 shall apply for the purposes of Articles 24A to 24H.

  • Brokers; Third Party Expenses Except as set forth in Schedule 2.17 hereto, neither the Company nor any of its Subsidiaries has incurred, nor will it incur, directly or indirectly, any liability for brokerage, finders’ fees, agent’s commissions or any similar charges in connection with this Agreement or any transactions contemplated hereby.

  • Appointment of the Sub-Advisor In accordance with and subject to the Investment Advisory Agreement between the Trust and the Advisor, attached as Exhibit A (the “Advisory Agreement”), the Advisor appoints the Sub-Advisor to manage the investment and reinvestment of that portion of the assets of the Fund allocated to it by the Advisor (the “Fund Assets”), in conformity with the Fund’s currently effective registration statement, including its prospectus and statement of additional information, as amended (collectively, the “Disclosure Documents”), and subject to the control and direction of the Advisor and the Trust’s Board of Trustees (the “Board”), for the period and on the terms set forth in this Agreement. The Sub-Advisor accepts such appointment and agrees during such period to render the services and to perform the duties called for by this Agreement for the compensation provided in Section 3 of this Agreement. The Sub-Advisor shall at all times maintain its registration as an investment advisor under the Advisers Act and shall otherwise comply in all material respects with all applicable laws and regulations, both state and federal. For purposes of this Agreement, the Sub-Advisor shall be deemed an independent contractor and shall, except as expressly provided or authorized by written Agreement with the Advisor, Fund, or Trust, have no authority to act for or represent the Trust in any way or otherwise be deemed an agent of the Trust or the Fund.

  • Appointment of Arbitrator When a Party has requested that a grievance be submitted to arbitration, an arbitrator shall be selected from the following list: Xxxxx Xxxxxxx Xxxx Xxxxxx Xxx Xxxxxxxx

  • APPOINTMENT OF THE SUB-ADVISER The Adviser hereby appoints the Sub-Adviser to act as an investment adviser for each Portfolio, subject to the supervision and oversight of the Adviser and the Trustees of the Trust, and in accordance with the terms and conditions of this Agreement. The Sub-Adviser will be an independent contractor and will have no authority to act for or represent the Trust or the Adviser in any way or otherwise be deemed an agent of the Trust or the Adviser except as expressly authorized in this Agreement or another writing by the Trust, the Adviser and the Sub-Adviser.

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